INTRODUCTION
Fair investigation is an essential component of the criminal justice system in any democratic society. It serves as a mechanism to uphold the principles of justice, equality, and the rule of law. In recent years, courts around the world, including in India, have recognized fair investigation as a fundamental right inherent in the broader guarantee of the right to life and personal liberty.
The right to fair investigation is enshrined in various international human rights instruments and is also recognized in many national constitutions and legal systems. In India, Article 21 of the Constitution, which guarantees the right to life and personal liberty, has been interpreted by the judiciary to encompass the right to fair investigation. This principle has been reaffirmed and elucidated in several landmark judgments, one of which is the case of Ajay Kumar v. State of U.P. (2020).
Facts of the case:
Ajay Kumar was arrested by the police in connection with a criminal case. During his custody, he died under suspicious circumstances. The police claimed that Ajay Kumar had committed suicide by hanging himself. However, his family alleged foul play and filed a petition before the Supreme Court seeking an independent investigation into his death.
Key points from the judgment:
- Custodial deaths: The court acknowledged the seriousness of custodial deaths and the need for a thorough investigation to determine the cause and circumstances of such incidents. It emphasized that custodial deaths raise concerns about human rights violations and require close scrutiny.
- State’s responsibility: The court reiterated that the state has a duty to ensure the safety and protection of individuals in its custody. It held that any negligence or failure on the part of the state authorities to safeguard the rights of detainees would be a violation of Article 21 of the Constitution, which guarantees the right to life and personal liberty.
- Independent investigation: In cases where there are allegations of custodial deaths or misconduct by law enforcement agencies, the court stressed the importance of conducting an independent and impartial investigation. It directed the state government to transfer the investigation to an independent agency to ensure transparency and fairness.
- Compensation: The court also ordered compensation to be paid to the family of the deceased as a measure of redress for the violation of their rights. It held that monetary compensation is not a substitute for accountability but serves as a form of relief for the aggrieved parties.
The case involved a challenge to the investigation conducted by the police into a criminal case. Ajay Kumar, the petitioner, alleged that the investigation was biased and unfair, violating his fundamental rights.
The Supreme Court, in its judgment, emphasized that fair investigation is an integral part of the right to life and personal liberty guaranteed under Article 21. It held that a fair investigation is essential for the protection of individual rights and ensuring justice. The court stated that the investigating agency must act impartially and without any bias or prejudice.
Furthermore, the court emphasized the duty of the state to ensure that investigations are conducted fairly and transparently. It stressed that any deviation from this principle would not only violate the rights of the accused but also undermine the credibility of the criminal justice system.
The judgment in the Ajay Kumar case reaffirmed the significance of fair investigation as a fundamental right and set a precedent for ensuring procedural fairness in criminal investigations in India. Overall, the judgment in the Ajay Kumar case underscored the importance of upholding human rights standards in custodial situations and ensuring accountability for any violations. It reaffirmed the principle that custodial deaths must be thoroughly investigated and perpetrators held accountable and highlighted the state’s responsibility to protect the rights of individuals in custody. The judgment in the Ajay Kumar case reaffirmed the significance of fair investigation as a fundamental right and set a precedent for ensuring procedural fairness in criminal investigations in India.